On Competition Law Adjustment Of Mobile Virtual Network Operation

This essay is divided into four parts and the main content of each part is listed hereunder:Chapter 1 introduces the basic situation of "Mobile virtual network operator"(MVNO) as the object in the essay. The author interprets the definition of MVNO speculated by the telecommunication regulation authorities in UK, Ireland and Hong Kong, and simply introduces the research progress about the definition of MVNO in China. After the introduction of the definition, it is the classification of MVNO for the purpose to give the definition of MVNO more directly. Section 2 of this chapter introduces the relationship between MVNO and related telecommunication operator. It discusses the differences and relations between MVNO and Reseller/SP. Section 3 of this chapter "the scope of MVNO" discusses the conditions to become MVNO and makes preparation for the establishment of the specific system of MVNO in the following parts of the essay.Chapter 2 "the development of MVNO and the intervention of government" is the part to make author' point. Competition law is the theory basis of jurisprudence. The author's whole assumption of the system of MVNO is established within the idea of introducing new competition entity. Section 1 introduces the monopoly characteristic of the network level in mobile communication. First the mobile communication business is divided into two levels, the operation level and network level, then interprets the limitation of the frequency recourse resulting in the status of oligarch monopoly in mobile communication market. Following the theory of the level division in mobile communication market it proves the rationality of MVNO's existence. Firstly the author introduce the developing trend of the mobile communication in the future, the operation of 3G businesses brings awide space for the development of MVNO. Secondly, the author introduces the theory of effective competition;explain the positive effect in forming the competition state in mobile communication market by introducing MVNO and raise the basis point in the essay to introduce new competitor in the market and establish the effective completion in mobile communication market. Chapter 2 is the emphasis of the essay.Chapter 3 analyses the competition relationship between MVNO and related entities. The author points out that there are four related competition relationship concerning with MVNO needing the regulation of antitrust law and anti-unfair completion law in mobile communication market and enumerates the four ones. And the author points out further that the legal relationship in competition law regulated by anti-unfair competition law is not the emphasis in the essay, the emphasis in the essay is analyzing the entrance and development of MVNO in the view of antitrust law.Chapter 4 "the antitrust law's regulation of MVNO" is the emphasis in the essay. The author divides the MVNO's establishment into 6 problems. The six problems are: opening of the mobile communication market, diversification of the ownership of the telecommunication operate entities, opening of the mobile network, the quotation between different operator, other unfair/against-competition behaviors' regulation.The first problem researches the opening of the mobile market. Firstly, it introduces the positive significant leading by opening the market (here refers to the opening of the operation level), including meeting the investor's require to enter into the telecommunication industry and the benefit occurred to the consumer. Secondly it introduces the related regulations and policy concerning the entrance of telecommunication market in our country. At last, the author supplied the legal suggestions on how to establish the entrance system for MVNO in the future.The second problem researches the diversification of the telecommunication operation entity's ownership. Firstly it introduces the positive significant resulting by the ownership diversification in telecommunication market. Secondly it analyses the different measures to turn out the ownership diversification. According to the different measures of ownership diversification it researches that how to introduce the capital controlled by the foreign investor and the domestic investor.The third problem researches the opening of the network. Form the scope of the competition law, the opening of the network refers to the opening form the MNO to the MVNO who wants to rent the network. For the purpose to explain it more clearly, the author take the instance happened in Hong Kong and UK. After coming the conclusion that it is necessary to open network to MVNO, the author supplied the suggestion on how to improve the functions on telecommunication regulation.The forth problem researches the confirmation of the price to rent network and business reselling. Firstly it points out the general principle of quotation in the telecommunication industry, that applying the government-fix price for the monopoly business and market-fix price for the competitive business. Secondly it introduces the experience to supervise the operator who has obtained the monopoly status in UK. Then it introduces the principle and the procedure to fix the telecommunication business price in China. At last, it establishes the government-directed price system for introducing the MVNO in to the market and points out to apply the government-directed price for basic telecommunications and market-fix price for value-added telecommunications, and estimates the theory of "based on cost" to fix the price which supplied by some scholars.The fifth problem is the content of the service supplied by MVNO and related consumer protection. The author introduce the content and the developing tendency in/out of the scope of the mobile telecommunicationfield, and introduce the cases happened in our country. Secondly it analyses the problem of consumer protection, which may be occurred with the service supplied by MVNO, and supplied the legislative suggestion on the dispute settlement and responsibility taken.The sixth problem researches the unfair/against competition behavior as the supplementary of the five problems above-mentioned. Firstly, it lists the unfair/against competition behaviors happened in the market related to MVNO's business. Secondly, it discusses the principle to regulate the mobile telecommunication market and points out the developing tendency for the regulation. Then it gives two suggestions: one is how to deal with the relationship between "Antitrust Law" and "Telecommunication Law" well, which means the relationship between the general legislation and the professional legislation, one is how to deal with the relationship between the authority to implement the antitrust law and telecommunication law well, which means how to harmonize the intercross among different authorities. Finally the author gives the legislation suggestion on establishing the regulatory authority to implement the antitrust law in the future.